Title
RESOLUTION 25-46, SETTLEMENT AUTHORIZATION: CONSERVATION COUNCIL FOR HAWAIʻI AND AMERICAN BIRD CONSERVANCY V. HAWAIIAN ELECTRIC COMPANY, INC. AND MAUI ELECTRIC COMPANY, LTD. AND COUNTY OF MAUI; CASE 1:24-CV-00494-MWJS-WRP
Description
The Committee is in receipt of the following:
1. Resolution 25-46, entitled “AUTHORIZING SETTLEMENT OF CONSERVATION COUNCIL FOR HAWAIʻI AND AMERICAN BIRD CONSERVANCY V. HAWAIIAN ELECTRIC COMPANY, INC. AND MAUI ELECTRIC COMPANY LTD. AND COUNTY OF MAUI, CASE NO. 1:24-cv-00494-MWJS-WRP.” Resolution 25-46’s purpose is to approve settlement of the claim, filed on November 19, 2024. The claim alleges streetlights owned and operated by Hawaiian Electric Company, Inc. and Maui Electric Company, Ltd. for the County of Maui is a threat to the continued survival and recovery of three critically imperiled seabirds that are native to Hawai‘i and are protected under 16 U.S.C. Section 1531 et seq. of the Endangered Species Act of 1973.
2. Correspondence dated January 30, 2025, from the Department of the Corporation Counsel, transmitting a copy of the Complaint, filed on November 19, 2024.
Status
The Committee may consider whether to recommend adoption of Resolution 25-46, with or without revisions. The Committee may also consider the filing of Resolution 25-46 and other related action.
Note
With reference to this agenda item, one or more executive meetings are anticipated in accordance with Section 92-5(a)(4), Hawaiʻi Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee; and Section 92-5(a)(8), Hawaiʻi Revised Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential under a State or Federal law, or a court order.